[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40063-40065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16313]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-801]
Solid Urea from the Russian Federation: Preliminary Results of
Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on solid urea from
the Russian Federation (Russia). The period of review (POR) is July 1,
2012, through June 30, 2013. The review covers one producer/exporter of
the subject merchandise, MCC EuroChem (EuroChem). We preliminarily find
that EuroChem has not sold subject merchandise at less than normal
value during the POR. Interested parties are invited to comment on
these preliminary results.
DATES: Effective Date: July 11, 2014.
FOR FURTHER INFORMATION CONTACT: Jerrold Freeman or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0180 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is solid urea. The product is
currently classified under the Harmonized Tariff Schedules of the
United States (HTSUS) item number 3102.10.00.00. The HTSUS subheading
is provided for convenience and customs purposes. A full description of
the scope of the order is contained in the memorandum from Gary
Taverman, Senior Advisor for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Solid Urea from the
Russian Federation'' dated concurrently with this notice (Preliminary
Decision Memorandum), which is hereby adopted by this notice. The
written description is dispositive.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized
[[Page 40064]]
Electronic Service System (IA ACCESS). Access to IA ACCESS is available
to registered users at http://iaaccess.trade.gov, and it is available
to all parties in the Central Records Unit, room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at http://enforcement.trade.gov/frn/index.html. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix to this notice. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price is calculated in accordance with section 772 of the Act.
Normal value is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our conclusions,
see Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that a
dumping margin of 0.00 percent exists for EuroChem for the period July
1, 2012, through June 30, 2013.
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c),
interested parties may submit cases briefs not later than 30 days after
the date of publication of this notice. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\1\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\2\
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\1\ See 19 CFR 351.309(d).
\2\ Id., and 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via IA ACCESS. An electronically filed
document must be received successfully in its entirety by the
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern
Time within 30 days after the date of publication of this notice.\3\
Requests should contain: (1) The party's name, address and telephone
number; (2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs.
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\3\ See 19 CFR 351.310(c).
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any written briefs, not later than 120 days after the
date of publication of this notice, pursuant to section 751(a)(3)(A) of
the Act.
Assessment Rates
Upon completion of the administrative review, the Department shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries. If EuroChem's weighted-
average dumping margin is not zero or de minimis in the final results
of this review, we will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of antidumping duties
calculated for an importer's examined sales and the total entered value
of such sales in accordance with 19 CFR 351.212(b)(1). If EuroChem's
weighted-average dumping margin continues to be zero or de minimis in
the final results of review, we will instruct CBP not to assess duties
on any of its entries in accordance with the Final Modification for
Reviews, i.e., ``{w{time} here the weighted-average margin of dumping
for the exporter is determined to be zero or de minimis, no antidumping
duties will be assessed.'' \4\
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\4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\5\ This clarification will apply to entries of subject
merchandise during the POR produced by EuroChem for which it did not
know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate of 64.93 percent \6\ if there is no rate for the
intermediate company(ies) involved in the transaction.
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\5\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
\6\ The all-others rate established in Urea From the Union of
Soviet Socialist Republics; Final Determination of Sales at Less
Than Fair Value, 52 FR 19557 (May 26, 1987).
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of solid urea from Russia entered, or withdrawn from
warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for
EuroChem will be the rate established in the final results of this
administrative review; (2) for previously reviewed or investigated
companies not listed above, the cash deposit rate will continue to be
the company-specific rate published for the most recently completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation but the
manufacturer is, the cash deposit rate will be the rate established for
the manufacturer of the merchandise for the most recently completed
segment of this proceeding; (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 64.93 percent.\7\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\7\ See Id.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 3, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
A. Summary
B. Background
C. Scope of the Order
[[Page 40065]]
D. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
E. Product Comparisons
F. Date of Sale
G. Constructed Export Price
H. Normal Value
1. Home Market Viability as Comparison Market
2. Level of Trade
3. Calculation of Normal Value Based on Comparison Market Prices
I. Currency Conversion
J. Recommendation
[FR Doc. 2014-16313 Filed 7-10-14; 8:45 am]
BILLING CODE 3510-DS-P